BILL NUMBER: AB 194	CHAPTERED  10/10/99

	CHAPTER   723
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 2, 1999
	PASSED THE SENATE   SEPTEMBER 1, 1999
	AMENDED IN SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   JUNE 24, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999

INTRODUCED BY   Assembly Member Longville

                        JANUARY 21, 1999

   An act to amend Sections 1803, 23221, 23223, 23225, and 23226 of
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 194, Longville.  Vehicles:  offenses:  court clerk:  forwarding
records.
   (1) Under existing law, every court clerk is required to forward
to the Department of Motor Vehicles an abstract of the record of any
person convicted of a violation of the Vehicle Code.  However,
existing law provides certain exceptions to this requirement
including convictions of the offenses of drinking any alcoholic
beverage in a motor vehicle, or possessing, storing, or keeping an
open alcoholic beverage container in a motor vehicle, as specified.
   This bill would delete the above described exceptions when
committed by the driver of the motor vehicle from the reporting
requirements, thereby requiring the clerks to report these additional
convictions to the department, and thus imposing a state-mandated
local program by increasing the duties imposed on court clerks.
   The bill would make conforming changes.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1803 of the Vehicle Code is amended to read:
   1803.  (a) Every clerk of a court in which a person was convicted
of any violation of this code, was convicted of any violation of
subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the
Harbors and Navigation Code pertaining to a mechanically propelled
vessel but not to manipulating any water skis, an aquaplane, or
similar device, was convicted of any violation of Section 655.2,
655.6, 658, or 658.5 of the Harbors and Navigation Code, or any
violation of Section 191.5 of the Penal Code when the conviction
resulted from the operation of a vessel, was convicted of any offense
involving use or possession of controlled substances under Division
10 (commencing with Section 11000) of the Health and Safety Code, was
convicted of any felony offense when a commercial motor vehicle, as
defined in subdivision (b) of Section 15210, was involved in or
incidental to the commission of the offense, or was convicted of any
violation of any other statute relating to the safe operation of
vehicles, shall prepare within 10 days after conviction and
immediately forward to the department at its office at Sacramento an
abstract of the record of the court covering the case in which the
person was so convicted.  If sentencing is not pronounced in
conjunction with the conviction, the abstract shall be forwarded to
the department within 10 days after sentencing and the abstract shall
be certified by the person so required to prepare it to be true and
correct.
   For the purposes of this section, a forfeiture of bail shall be
equivalent to a conviction.
   (b) The following violations are not required to be reported under
subdivision (a):
   (1) Division 3.5 (commencing with Section 9840).
   (2) Section 21113, with respect to parking violations.
   (3) Chapter 9 (commencing with Section 22500) of Division 11,
except Section 22526.
   (4) Division 12 (commencing with Section 24000), except Sections
24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315,
27360, 27800, and 27801 and Chapter 3 (commencing with Section
26301).
   (5) Division 15 (commencing with Section 35000), except Chapter 5
(commencing with Section 35550).
   (6) Violations for which a person was cited as a pedestrian or
while operating a bicycle.
   (7) Division 16.5 (commencing with Section 38000).
   (8) Subdivision (b) of Section 23221, subdivision (b) of Section
23223, subdivision (b) of Section 23225, and subdivision (b) of
Section 23226.
   (c) If the court impounds a license, or orders a person to limit
his or her driving pursuant to paragraph (2) of subdivision (a) of
Section 23538, subdivision (b) of Section 23542, subdivision (b) of
Section 23562, or subdivision (d) of Section 40508, the court shall
notify the department concerning the impoundment or limitation on an
abstract prepared pursuant to subdivision (a) of this section or on a
separate abstract, which shall be prepared within 10 days after the
impoundment or limitation was ordered and immediately forwarded to
the department at its office in Sacramento.
   (d) If the court determines that a prior judgment of conviction of
a violation of Section 23152 or 23153 is valid or is invalid on
constitutional grounds pursuant to Section 41403, the clerk of the
court in which the determination is made shall prepare an abstract of
that determination and forward it to the department in the same
manner as an abstract of record pursuant to subdivision (a).
   (e) Within 10 days of an order terminating or revoking probation
under Section 23602, the clerk of the court in which the order
terminating or revoking probation was entered shall prepare and
immediately forward to the department at its office in Sacramento an
abstract of the record of the court order terminating or revoking
probation and any other order of the court to the department required
by law.
  SEC. 2.  Section 23221 of the Vehicle Code is amended to read:
   23221.  (a) No  driver shall drink any alcoholic beverage while in
a motor vehicle upon a highway.
   (b) No passenger shall drink any alcoholic beverage while in a
motor vehicle upon a highway.
  SEC. 3.  Section 23223 of the Vehicle Code is amended to read:
   23223.  (a) No driver shall have in his or her possession, while
in a motor vehicle upon a highway or on lands, as described in
subdivision (b) of Section 23220, any bottle, can, or other
receptacle, containing any alcoholic beverage that has been opened,
or a seal broken, or the contents of which have been partially
removed.
   (b) No passenger shall have in his or her possession, while in a
motor vehicle upon a highway or on lands, as described in subdivision
(b) of Section 23220, any bottle, can, or other receptacle
containing any alcoholic beverage that has been opened or a seal
broken, or the contents of which have been partially removed.
  SEC. 4.  Section 23225 of the Vehicle Code is amended to read:
   23225.  (a) (1) It is unlawful for the registered owner of any
motor vehicle to keep in a motor vehicle, when the vehicle is upon
any highway or on lands, as described in subdivision (b) of Section
23220, any bottle, can, or other receptacle containing any alcoholic
beverage  that has been opened, or a seal broken, or the contents of
which have been partially removed, unless the container is kept in
the trunk of the vehicle.
   (2) If the vehicle is not equipped with a trunk and is not an
off-highway motor vehicle subject to identification, as defined in
Section 38012, the bottle, can, or other receptacle described in
paragraph (1) shall be kept in some other area of the vehicle that is
not normally occupied by the driver or passengers.  For the purposes
of this paragraph, a utility compartment or glove compartment shall
be deemed to be within the area occupied by the driver and
passengers.
   (3) If the vehicle is not equipped with a trunk and is an
off-highway motor vehicle subject to identification, as defined in
subdivision (a) of Section 38012, the bottle, can, or other
receptacle described in paragraph (1) shall be kept in a locked
container.  As used in this paragraph, "locked container" means a
secure container that is fully enclosed and locked by a padlock, key
lock, combination lock, or similar locking device.
   (b) Subdivision (a) is also applicable to a driver of a motor
vehicle if the registered owner is not present in the vehicle.
   (c) This section shall not apply to the living quarters of a
housecar or camper.
  SEC. 5.  Section 23226 of the Vehicle Code is amended to read:
   23226.  (a) It is unlawful for any  driver to keep in the
passenger compartment of a motor vehicle, when the vehicle is upon
any highway or on lands, as described in subdivision (b) of Section
23220, any bottle, can, or other receptacle containing any alcoholic
beverage  that has been opened, or a seal broken, or the contents of
which have been partially removed.
   (b) It is unlawful for any passenger to keep in the passenger
compartment of a motor vehicle, when the vehicle is upon any highway
or on lands, as described in subdivision (b) of Section 23220, any
bottle, can, or other receptacle containing any alcoholic beverage
that has been opened or a seal broken, or the contents of which have
been partially removed.
   (c) This section shall not apply to the living quarters of a
housecar or camper.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
